Court divided on Marvin Gabrion death penalty appeal

LANSING -- A divided U.S. appeals court says the federal government had jurisdiction to prosecute a Michigan murder case in which the defendant was given the death penalty.

Marvin Gabrion II says he should have been tried in state court, where the death penalty isn't allowed.

Federal prosecutors charged Gabrion with murder on federal property because the body of 19-year-old Rachel Timmerman was found in 1997 within the Manistee National Forest 70 miles north of Grand Rapids. Her 11-month-old daughter hasn't been found.

Two judges ruled against Gabrion Friday. But one judge dissented, saying the case should be left to the state courts.